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CITY COUNCIL <br />AGENDA ITEM 6 A ii i <br /> <br /> <br />STAFF ORIG INATOR: Jason C. Wedel, City Engineer <br /> <br />MEETING DATE: January 28, 2013 <br /> <br />TOPIC: Consider Resolution 13 -09, Authorizing City Acquisition of Right -of <br />Way, Otter Lake Road Extensi on Project <br /> <br />VOTE REQUIRED: 3/5 <br /> <br />INTRODUCTION <br /> <br />Staff is requesting council action to authorize acquisition of land for the Otter Lake Road <br />Extension Project . <br /> <br />BACKGROUND <br /> <br />On May 23, 2011 the City Council authorized preparation of a feasibility st udy for the <br />proposed improvements. The study was received by the Council on January 9, 2012. A public <br />hearing on the proposed improvements was held on February 13, 2012. The Council took <br />action at the February 27, 2012 meeting to authorize the preparati on of a special benefit study <br />and land acquisition appraisals. On March 12, 2012 the Council approved Resolution No. 12 - <br />27 authorizing preparation of plans and specifications. The City Council took action on June <br />25, 2012 to order the improvement. <br /> <br />On N ovember 26, 2012 the City Council authorized the City Community Development <br />Director and the City Attorney to make offers and negotiate the acquisition of land and <br />easements necessary for the making of the improvement. The right -of -way required from CM <br />Pr operties is being dedicated to the City, at no cost, as part of the petition and waiver <br />agreement. To date, no agreement has been reached with the other land owner. <br /> <br />State law provides authority for cities to acquire property for public purpose through t he use of <br />eminent domain. Since the City’s efforts to acquire the property through direct purchase have <br />been unsuccessful it is now necessary to pursue utilizing eminent domain. <br /> <br />Based on the appraisal report , the total land value being considered for acq u isition is $51,200, <br />which can be broken down as $49,800 for permanent roadway easement and $1,400 for <br />temporary easements . <br /> <br />RECOMMENDATION <br /> <br />Staff is recommending approval of Resolution No. 13 -09. <br /> <br />ATTACHMENTS <br /> <br />1. Resolution 13 -09 <br />2. Easement Exhibit